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SCALA v. STATE

No. 4D00-1249.

770 So.2d 732 (2000)

Jamie Lee SCALA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 8, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa and Joseph A. Tringali, Assistant Attorneys General, West Palm Beach, for appellee.

PER CURIAM.

We affirm Appellant's convictions for burglary of an occupied dwelling and grand theft, but reverse the additional conviction and sentence for failure to appear.

Conviction for a charge not made by information or indictment is a denial of due process, and the complete failure to charge a crime is a defect that can be raised at any time, including on appeal. See State v. Gray, 435...

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